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HomeMy WebLinkAbout1992-267 CCR1 1 1 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION NO. 92 267 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 92003 SUBMITTED BY PHILLIPS 66 COMPANY WHEREAS, Planning Commission Application No. 92003 was submitted by Phillips 66 Company originally requesting a variance from Section 35 -400 of the Zoning Ordinance at 6901 Brooklyn Boulevard to allow a building setback of 28' rather than 50' from the Brooklyn Boulevard right -of -way; and WHEREAS, Section 35 -240, Subdivision 2 of the Zoning Ordinance states that a variance may be granted by the City Council only after demonstration by evidence that all of the four standards for a variance listed in said section of the ordinance are met; and WHEREAS, said application was first considered by the Planning Commission of the City of Brooklyn Center in conjunction with two other applications (92001 and 92002), also submitted by Phillips 66 Company at a duly called regular meeting on January 16, 1992 at which a public hearing was held, testimony regarding the applications was received, deliberation of the matters was undertaken, and a decision to table the three applications was made; and WHEREAS, the applications were reconsidered by the Planning Commission on January 30, 1992 at which time the Commission adopted Planning Commission Resolution No. 92 -1 recommending denial of application No. 92001 and 92003 on the grounds that the Standards for a Variance contained in Section 35 -240, Subdivision 2 have not been met and that the site and building plans cannot be approved without a concurrent approval of the setback variance; and WHEREAS, this application along with Application Nos. 92001 and 92002 were referred to the City Council for consideration at their February 10, 1992 meeting at which time the applications were reviewed, testimony was received, the matters were deliberated and the City Council decided to table the applications, with the concurrence of the applicant, to study possible ordinance amendments which might address redevelopment on Brooklyn Boulevard; and WHEREAS, subsequent to the tabling of this application the City Council retained the consulting firm of Dahlgren, Shardlow and Uban, Inc. to undertake a study of Brooklyn Boulevard with a high priority given to the development proposal for 6901 Brooklyn Boulevard; and 1 RESOLUTION NO. 92 -267 1 WHEREAS, the applicant revised its plans under Application Nos. 92001 and 92003 by rearranging the building location (92001) and requesting a variance from Section 35 -700 of the Zoning Ordinance to allow a greenstrip less than 15' from the Brooklyn Boulevard and 69th Avenue right -of -ways; and WHEREAS, the Planning Commission reconsidered this application at its duly called meeting on October 29, 1992 and, following a public hearing at which testimony was taken, consideration of the revised plans was given and a review of the Standards for a Variance contained in Section 35 -240, Subdivision 2 was made, recommended denial of Application No. 92003 on the grounds that the Standards for a Variance have not been met, based on the staff report and testimony received; and WHEREAS, Application No. 92003 was considered by the City Council, along with Application Nos. 92001 and 92002 on November 9, 1992 at which time the applications and Planning Commission recommendations were again reviewed, additional testimony both for and against the applications was received and considered, and Council deliberation was conducted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to make the following findings regarding Planning Commission Application No. 92003: 1. The City's Planning Consultant has shown that a gas station /convenience store /car wash with the approximate same square footage can be developed on this site meeting all of the requirements of the Zoning Ordinance. 2. The insistence on the part of the applicant to have a prototype building on the lot is not a hardship as defined in the Zoning Ordinance and the Zoning Ordinance does not recognize a right to a prototype design as grounds for granting a variance from any provision of the code. 3. The circumstances surrounding this variance application are not unique to this parcel of land, but are likely to be repeated in other instances along Brooklyn Boulevard. 4. The hardship of not being able to build the desired building on this site is a self imposed, hardship. Applicant asserts that the loss of 18' of land dedicated as part of the platting process is a hardship. While the 18' dedication is a challenge to developing a proper site layout, it is not a prohibitive challenge. Design solutions do exist which the applicant will not consider. Even after the dedication of 18' of right -of -way the subject lot is neither so small nor so irregular in shape as to justify a variance. 1 1 RESOLUTION NO. 92 267 5. Approval of the variance in question would not be in the City's best interests inasmuch as it would set a poor precedent for future development and redevelopment on Brooklyn Boulevard by placing corporate image above local aesthetic standards. 6. Absent the ability to find that the Standards for a Variance are met, the only way to accommodate the applicant's request to allow a lesser greenstrip than required would be to amend the ordinance so that like situations could be treated in a similar manner. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to deny Planning Commission Application No. 92003 submitted by Phillips 66 Company on the basis of the above findings and considerations. November 23,. 1992 ATTEST: Patr .1 f ll_a_,, O Po Deputy City Clerk 3 Date Todd Paulson, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Dave Rosene, and Philip Cohen; and the following voted against the same: Jerry Pedlar, whereupon said resolution was declared duly passed and adopted.